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P-425 .: I '" 'jtll~\\\\\~A\~\\.Wff#ff~"'\\\\~ff/~\\\\~ ~ . ~ . ~ ' DEED 425 (CCS) ~ I ~ 36 ~ ~. . "'''""''",''"''''0'' 90 10044 ~ a Ci ty of Santa Moni ca ~ ~ AND WHEN RECORDED MAIL TO ~ ~ ':me City Clerk I ECORDEDINOF~IC\ALRECORDS ~ Street City of Santa Monica RECORDER~g~~~iv Address 1685 Main Street LOSANGELE City, State & S t M' CA 90401 CALIFORNIA Zip Code an a omca, MIN. PM JUN 5 1990 L ..J 31 PAST 1 . . SPACE ABOVE THIS-rmE FOR RECORDER'S USE (FREE pl$' EASEMENT GENERAL -....- THIS AGREEMENT is made and entered Into this 26th day of January , 19~, by and between Santa Monica HSR Limited Partnership whose address iSC/O The Beacon Companies, 50 Rowes ~Jharf, Boston, t1A 02110 (hereinafter called "Grantor"), and City of Santa Monica whose address is 1685 Main Street, Santa Monica, California 90401 (hereinafter called "Grantee"), WITNESSETH: leasehold interest WHEREAS, the Grantor ~~llS:~M has 1!l.l)(~~l)(~~l( to that certain parcel of real property located in the City of Santa j'1onicCi , County oj Los Angeles State of California , legally described as follows: (Here insert legal description of the real property or that portion thereof to be subject to the easement, right ot way or rights desired by the Grantee) See attached Exhibit A, attached hereto and made a part hereof. AND WHEREAS, the Grantee desires to use said real property for the purpose of' '(Insert here nature and type of easement, righl-ol'way or right desired by the Grantee) sidewalk right-of-way NOW, THEREFORE, it is hereby agreed between the parties hereto as follows: The Grantor dOBS hereby grant, assign and set over to the Grantee' '(Insert here nature and type of easement, right'of'way or right granted to Grantee on the real propertv or anv portion thp.renfl a sidewalk easement See Exhibit Cj attached hereto and made a part hereof. Except as to the rights ';1ranted herein, the Grantor shall continue to have the full use, occupancy and enjoyment of said real V property. The Grantee hereby agrees to hold and save the Grantor"'harmless from any and all claims, liability and damages arising from the use, possession and occupancy of the real property as flerein granted and hereby further agrees to pay for *Guest QuartersHotels Limited Partnership andSant~ t1 '- rialj~M Unif1~d~~~1 District EASEMENT-GENERAl-WOlCOTIS FORM 792-Rev. 6-83 This standard f~rr~i IS mtendec or I e~PC)I~&latlOns 8n'0':.l t re rrte fi~:r1 r, e t~ @1983WOLCOTTS ltole sign, re~d il. flllln all blanks. and make whatever cnanges are appropriate and necessary 10 your particular , . transaction. Consult a lawyer II you doubt the form's fitness for your purpose and use fZ/.I'.I'I'I~\\\\\.~'WHA\~~'-~~~\\\\~.I'I'I~\\"~_r ~ ~ ~ ~~ ~ . ~ ffa any and all damage or damages which may occur to the real property, or rights of the Grantor or any other person or prop,erty ~ ~ 'h roo, h ,,, ",..;, "". ",,"""," "',p",,,,'oo . 'h. ..., prop.rt, " I h. "0"" h."," ,,,"tod iii1 ~ TO HAVE AND TO HOLD ,," ""m,,', ",hi ,,' ",ht.,I.w" """ Ih. ,,,",... hi, '"",,,,,,,, ",to" ",' p,,'oo iii< ~ ~ m~~ expirinq as of Julv 31. 2052 ~ ~ subject to the following specific conditions and restrictions: ~ none. This agreement shall be binding upon and inure to the benefit of the Parties hereto, and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 26th day of January ,19~. By: Santa f'lonica HSR Limited Partnership, a Callfornla Llmlted Partnershlp See Exhibit A attached. See Exhibit B. By: Beacon Santa ~1onica Limited Partnership, John Jalili, City Manager ~aware Llmlted partnershlP, City of Santa Monica Its General Partner By: Desi FOR nH: PARTNERSHIP SUT STATE OF CALIFORNIA WITHOUT PERsONAL RfCCIJRSE }ss. 10, :fHf GUl.fRAL PARTNER"; , in the year 19_, before me, the undersigned, a Notar in Jalili and Desi Alvarez a Isfactory evidence) to erson..s. whose name.s. ~ subscribed ~ to the within instrum nowledged to me that ihe~ executed it. ~ my hand and official seal. 8 't 0 0') Notary Public In and for said State. cQt'lrl0NI-1EAL TH OF r'lASSACHUSETTS X9mmIXIi<WGOOXiYAX }ss COUNTY OF On this ct~~~n~ea ~athf r<" ,(, '" ,in the year 19'.1c..:.., before me, the undersigned, a Notary Public in c.:-:: 10:- :c.:: ~~~, ~(:~:co::~:J' :~j;;::;~~:j 1"\:: '.'/ L::..c..:.:..:.-<--",\..'.\,-,,,<,-_._._~ __._ personally known to me (or proved to me on the basis of satistactory evidence) to be the person_ whose name..9.~ subscribed to the within instrument, and acknowledged to me that _he_ executed It. WITNESS my hand and official seal. - JULIE M. SENGSTOCK, Notary Public j _.,~,_.._-,---~----_.- My Commission Expires June 28, 1996 \ Notary Public in and for sa/if'S!ate. If executed by a Corporation the Corporation Fo of Acknowledgment must be used. ~ .. . . . , -tt' 0 EXHIBIT A FOURTH STREET EASEMENT That portion of Parcell of Parcel Map 18134, in the City of Santa Monica, County of Los Angeles, State of California, as per map filed in Book 202, Pages 21 to 23, inclusive, of Parcel Maps, in the Office of the County Recorder of said county, described as follows: Beginning at the most southerly corner of said Parcel 1, said corner being on the northeast right-of-way of Fourth street, 75.00 feet wide; thence North 45026'06" West 172.00 feet along said right-of-way; thence North 45009'50" East 6.00 feet along a line parallel with and distant 172.00 feet northwesterly, measured at right angles, from the southeasterly line of said Parcel 1; thence South 45026'06" East 172.00 feet to a point on the southeasterly line of said Parcell bearing North 450 09'50" East 6.00 feet from the Point of Beginning; thence South 450 09'50" West 6.00 feet along said line to the Point of Beginning. 90-1004436 . \. . ~' . . . EXHIBIT B . CERTIFICATE OF ACCEPTANCE This it to certify that the interest in real property conveyed by the easement dated January 26, 1990, from Santa Monica HSR Limit- ed Partnership to the City of Santa Monica, a municipal corpora- tion and governmental agency, is hereby accepted by the under- signed officer on behalf of the City Council pursuant to authori- ty conferred by Resolution No. 7995 (City Council Series) and the grantee consents to recordation thereof by the grantor. iiti J.dY!.' ~"')lqo John J lili Date City Manager APPROVED AS TO FORM: ~~ ~.. ROBERT M. MYERS City Attorney State of California} County of Los Angeles} On this 5th day of April in the year 1990, before me, the under- signed, a Notary Public in and for said State, personally ap- peared John Jalili, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed it. Witness my hand and official seal. 90-1004436 --, "'" '. to 1 . o . ') . . , EXHIBIT C 5th ST. F'IF1H S1REET (Voc.E: 134-291) ~ ...J m 3 4- 12 0 it . . PARCEL 1 ~ ~ PARCEL MAP 181S. ...J BKo 202-21/23 --1 0 m ^ (f), w: _ ~; _ ______ ~' FOURTH .: STREET ~ () ::> ~ 0 CO n D"'"'D n it y- O ~EIl~ - (I) Q ~ (NTS) ~ ~5 6 I --1 0 0 3 4 a: ~J 4,1'46'QO"N 375.99' ~-I ~ -. 0 N 45"14'42" E 55.00' FOURlH COURT ~ N 4+'4{;'oo. W PARCEL 11 , 1 ! 4.49' ~ ~ ~, ('-~ '.-- PARCEL MAP 1181134 C'J c ;.,~ LL ?, ?] BK. 202- 21 /23 ;n 2 c lD ~ ~ OJ ""- ,-6==91'51'22" P l.D / R=35.00' / N 45'09'50" E 6.00' '<t / L=56.11' z ( S 45'26'06" E 172.0' -- / 131.57' N 43"14' 29" W N 45026'06" W 167.44' N 45'26'06" W 172.0' , ); N 45'09'50" E 6.00'~' FOURTH STREET 12/8/89 SCALE : CITY OF SANTA MONICA 1" = 80' GENERAL SER~CES DEPARTMENT ENGINEERING DIVISION ~ - AREA TO BE GRANlED AS MAP SHOWING PORTION OF LAND N)JACENT TO FOURTH STREIT BETWEEN OLYMPIC AND PICO AN EASEME"NT FOR SIDEWALK PURPOSES. GRANTED TO THE CITY AS AN EASEMENT FOR SIDEWALK PURPOSES. G,MERMAN DWG.No. 90~1004436 H.ACKLf:Y 4453 SHEET 1 OF 1